Heathrow Airport Ltd & Ors v Garman & Ors [2007] EWHC 1957 (QB) (06 August 2007)

Heathrow Airport Ltd & Ors v Garman & Ors [2007] EWHC 1957 (QB) (06 August 2007)

Representative orders against HACAN, AirportWatch, and NoTRAG were discharged due to divergence of interests and lack of evidence of organisational support for unlawful direct action. No sufficient evidential basis existed for apprehended harassment by most Defendants or their organisations. Only Plane Stupid, represented by Garman and Murray, was found to have a unified purpose of direct action, including unlawful action, justifying continuation of the representative order and consideration of injunctive relief against them. The threshold for injunctive relief under the Protection from Harassment Act 1997 was not met for most Defendants, as anticipated protest did not amount to...

Citation
[2007] EWHC 1957 (QB)
Parties
Claimant: Heathrow Airport Limited; Claimant: Mark William Bullock; Defendant: Joss Garman; Defendant: Leo Murray; Defendant: Joss Garman and Leo Murray (for Plane Stupid); Defendant: John Stewart (for HACAN and AirportWatch); Defendant: Geraldine Nicholson (for No Third Runway Action Group); Intervener: Transport for London; Intervener: London Underground Limited
Jurisdiction
England and Wales
Judgment Date
06 August 2007
Procedural Posture
Application for Injunctive Relief / Interim Injunction Hearing
Outcome
Representative orders against HACAN, AirportWatch, and NoTRAG discharged; claims against Fourth and Fifth Defendants struck out; representative order against Plane Stupid continued; injunctive relief to be considered only against Plane Stupid and its representatives; undertakings accepted from certain Defendants; no...
Legal Topics
Injunctions, Representative Actions, Harassment, Freedom of Expression, Direct Action Protests, Unincorporated Associations
Civil Procedure Public Order Human Rights Injunctions Representative Actions Harassment Freedom of Expression Direct Action Protests +1 more

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Parties

Heathrow Airport Limited

Claimant

Mark William Bullock

Claimant

Joss Garman

Defendant

Leo Murray

Defendant

Joss Garman and Leo Murray (for Plane Stupid)

Defendant

John Stewart (for HACAN and AirportWatch)

Defendant

Geraldine Nicholson (for No Third Runway Action Group)

Defendant

Transport for London

Intervener

London Underground Limited

Intervener

Procedural Posture

Application for Injunctive Relief / Interim Injunction Hearing

Legal Issues

  1. 1 Whether interim injunctive relief should be granted against environmental protestors under the Protection from Harassment Act 1997 and at common law for anticipated unlawful direct action at Heathrow Airport
  2. 2 Whether representative orders against unincorporated associations and their members are appropriate in this context
  3. 3 Whether the evidence supports a real apprehension of harassment or unlawful conduct justifying injunctive relief

Ratio Decidendi

Representative orders against HACAN, AirportWatch, and NoTRAG were discharged due to divergence of interests and lack of evidence of organisational support for unlawful direct action. No sufficient evidential basis existed for apprehended harassment by most Defendants or their organisations. Only Plane Stupid, represented by Garman and Murray, was found to have a unified purpose of direct action, including unlawful action, justifying continuation of the representative order and consideration of injunctive relief against them. The threshold for injunctive relief under the Protection from Harassment Act 1997 was not met for most Defendants, as anticipated protest did not amount to...

Court Disposition

Representative orders against HACAN, AirportWatch, and NoTRAG discharged; claims against Fourth and Fifth Defendants struck out; representative order against Plane Stupid continued; injunctive relief to be considered only against Plane Stupid and its representatives; undertakings accepted from certain Defendants; no...

Orders

  • Representative orders against HACAN, AirportWatch, and NoTRAG discharged
  • Claims against Fourth and Fifth Defendants struck out